I don't get the emails but seeing that you're in the bay area, you're going to have to pay tax on top of that not to mention you're not missing much if you miss out.
A quick check of craigslist and there's plenty of new 3ds's which can be talked down considering people selling must be having buyers remorse with the underwhleming difference to their old 3ds's.
If you're worried about warranty and buying second hand, nintendo has one of the best track records. Their stuff is kid-proof to an extent; kidproof =/= tantrum-proof through but you can tell what a console went through easily with a visual inspection.